The Supreme Court of Guam has ruled that the Office of the Attorney General cannot represent Sen. Telo Taitague in an ongoing Sunshine Act case, finding the representation violated Guam law because it lacked approval from the governor.
In an order issued March 4, the court granted a motion filed by former senator Thomas Fisher seeking to disqualify the Attorney General’s Office from serving as Taitague’s legal counsel in the appeal.
The justices concluded that the representation violated 5 Guam Code Annotated §30108(a), which allows the attorney general to defend government officers in certain cases but requires approval from the governor before doing so.
Because that approval was not provided, the court ruled the representation was not legally authorized.
“Absent the Governor’s consent, the representation violates the law,” the justices wrote in their decision.
The ruling stems from a lawsuit Fisher filed accusing Taitague of failing to properly respond to a Sunshine Act request for text messages between her and Attorney General Douglas Moylan.
A lower court previously determined that a senatorial office qualifies as a government “agency” under the Sunshine Act and ordered the messages disclosed. Although Fisher eventually received the records, the case continued over potential penalties related to the timing of the disclosure.
During the appeal, the Attorney General’s Office replaced Taitague’s private counsel and began representing her in the case. Fisher later challenged the move, arguing it violated Guam law governing when the attorney general may represent government officials.
The Supreme Court agreed that the attorney general may represent government officers in certain circumstances but said the statute specifically requires the governor’s approval before doing so.
The court noted that Gov. Lou Leon Guerrero had not given that consent.
As part of the ruling, the justices struck all previously filed appellate briefs and ordered Taitague to file a new entry of counsel or provide a status update within 30 days.
A new briefing schedule for the appeal will be issued at a later date, according to the court.